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(영문) 대구지방법원 2016.04.06 2015노2084
근로기준법위반등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that from the date of this judgment.

Reasons

1. Of the instant facts charged against the Defendant, the lower court dismissed the prosecution against the Defendant as to the violation of the Labor Standards Act for Workers C and D, and the violation of the Workers' Retirement Benefit Security Act, and found the Defendant guilty as to the violation of each Labor Standards Act for the remaining workers, and as to the violation of the Workers' Retirement Benefit Security Act, the part dismissing the public prosecution for which the prosecutor did not appeal on the conviction was final and conclusive by the lapse of the appeal period, and thus, in the first instance trial, the judgment is to be made only for the conviction of the lower judgment.

2. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for a term of six months) is too unfluent and unfair.

3. The facts charged of this case against G, G, H, I, J, K, and L ex officio prior to the judgment on the grounds for appeal by the prosecutor of the ex officio. The defendant is an employer who has engaged in wholesale and retail business by employing seven actual workers from F located in Sinsan City E. The defendant was an employer from January 15, 2007 to November 22, 2013, who retired from the above workplace and did not pay six workers (including G, H, I, J, J, K, and L), including the total amount of wages of 20,265,150, total amount of retirement allowances, 37,649,69, and 130, as stated in the attached list of crimes in the judgment of the court below.

Since the defendant's act of paying the above wages and retirement allowances constitutes a violation of Article 44 subparagraph 1, Article 9 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 109 (1) and 36 of the Labor Standards Act due to unpaid wages, which constitutes a violation of Article 109 (1) and Article 36 of the Act on the Guarantee of Workers' Retirement Benefits. This act constitutes a violation of several crimes (see, e.g., Supreme Court Decision 2012Do13244, Apr. 25, 2013). The court below considered it as a substantive concurrent crime and aggravated punishment. Accordingly, the judgment of the court below is relevant to the number of crimes.

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